Item 4 - Staff Report and Attachments 1 to 12.313 University Ave
PREPARED BY: Sean Mullin, AICP
Planning Manager
110 E. Main Street Los Gatos, CA 95030 ● 408-354-6874
www.losgatosca.gov
TOWN OF LOS GATOS HISTORIC PRESERVATION COMMITTEE REPORT
MEETING DATE: 12/17/2025 ITEM NO: 4
DATE: December 12, 2025
TO: Historic Preservation Committee
FROM: Joel Paulson, Community Development Director
SUBJECT: Consider a Request for Preliminary Review to Demolish an Existing
Contributing Single-Family Residence and Construct a New Single-Family
Residence Located in the University-Edelen Historic District on Property Zone
C-2:LHP. Located at 313 University Avenue. APN 529-04-063. CEQA Review is
Pending. Request for Review Application PHST-25-026. Property
Owner/Applicant: Frank Delgado. Project Planner: Sean Mullin.
RECOMMENDATION:
Consider a request for preliminary review to demolish an existing contributing single-family
residence and construct a new single-family residence located in the University-Edelen Historic
District on property zoned C-2:LHP, located at 313 University Avenue.
PROPERTY DETAILS:
1. Date primary structure was built: 1900 per County Assessor’s Database, effective year built
1920; 1920s per Bloomfield Study
2. Bloomfield Preliminary Rating: , historic and some altered but still contributor to a district
if there is one
3. Does property have an LHP Overlay? Yes
4. Is structure in a historic district? University-Edelen Historic District
5. If yes, is it a contributor? Yes
6. Findings required? Yes
7. Considerations required? No
BACKGROUND:
The subject property is located on the east side of University Avenue just north of Bachman
Avenue. The property is developed with a two-story single-family residence located at the back
of the property. The County Assessor indicates a construction date for the residence of 1900
and an effective year built of 1920. The Anne Bloomfield survey notes the structure as “historic
PAGE 2 OF 4 SUBJECT: 313 University Avenue/PHST-25-026 DATE: December 17, 2025
and some altered but still contributor to a district if there is one,” with an estimated
construction date of the 1920s (Attachment 1).
The residence is first present on the 1928 Sanborn Fire Insurance Map (Attachment 2). The
footprint of the residence remains consistent through 1956. The only permitted work on record
with the Town is for a plumbing permit for a gas line in 1964.
On February 23, 2011, the Committee provided feedback related to a potential demolition of
the existing contributing residence (Attachment 3). Photos of the residence from 2011 are
included as Attachment 4.
On March 13, 2017, the Town issued a Stop Work Notice for unpermitted grading/excavation
occurring underneath the existing residence (Attachment 5). A Code Violation (BV17-004)
remains active, and the Town’s Code Enforcement Officer has been regularly communicating
with the property owner to advise on the steps required to address the open code violation.
The applicant now proposes demolition of the residence and construction of a new residence.
DISCUSSION:
The applicant requests preliminary feedback on a proposal to demolish the existing contributing
residence and construct a new residence (Attachment 6). The applicant’s Letter of Justification
states that their intent is to reconstruct/restore the residence to match the original residence.
The letter indicates that demolition is recommended due to life-safety risk as determined
through a structural assessment by a structural engineer, who noted the following (Attachment
7):
• Extensive termite damage, dry rot, and structural decay;
• Eroded, unanchored shoring at the basement edge; and
• No flooring system; structure is suspended above excavation .
The applicant provided a conceptual plan showing a simple front elevation drawing and a floor
plan (Attachment 8). Additionally, the applicant provided an existing and proposed materials
summary (Attachment 9). Staff notes that the front elevation sketch is not reflective of the
pictures of the front elevation of the residence included in Attachments 4 and 10. This appears
to be inconsistent with the applicant’s assertion that the intent of the project is to
reconstruct/restore the residence to match the original residence. Lastly, adequate details have
not been provided to evaluate the existing and proposed side and rear elevations.
The applicant is proposing to demolish the existing residence and construct a new residence
with the stated intent of matching the original residence. Due to the residence’s contributing
status to the University-Edelen District, the applicant has chosen to pursue preliminary
feedback on the request ahead of submitting the required Planning application.
PAGE 3 OF 4 SUBJECT: 313 University Avenue/PHST-25-026 DATE: December 17, 2025
Pursuant to Town Code Sections 29.10.09030 (d) and 29.20.145, Architecture and Site approval
is required for demolition of the existing contributing residence and construction of a new
residence. Town Code Section 29.80.255 requires that construction, alteration, demolition or
removal work for which a Town permit is required is prohibited on a designated landmark site
or in a designated historic district unless approval by the deciding body has been granted as
provided in sections 29.80.260 through 29.80.300, or unless the work conforms with the
provisions of section 29.80.310. These sections of the Town Code are provided in Attachment
11.
If a formal Planning application is made, the proposed project would return to the Committee
for a formal recommendation.
FINDINGS AND CONSIDERATIONS:
A. Findings
___ As required by Town Code Section 29.10.09030 (c) Demolition of historic
structures, a demolition permit for a historic structure may only be approved
if:
1. The structure poses an imminent safety hazard; or
2. The structure is determined not to have any special historical, architectural or
aesthetic interest or value.
___ As required by Town Code Section 29.10.09030 (e) Demolition Findings, in
Architecture and Site approval proceedings, the deciding body shall consider:
1. Maintaining the Town’s housing stock.
2. Preservation of historically or architecturally significan buildings or structures.
3. Property owner’s desire or capacity to maintain the structure.
4. Economic utility of the building or structure.
___ All applications to demolish an historic structure which has been identified as a
contributor to an existing historic district, a potential historic district, or is
eligible for local designation shall be accompanied by a detailed report
describing all aspects of the structure’s physical condition and shall
incorporate pertinent information from the Town’s Historic Resources
Inventory describing the structure’s historical and architectural characteristics.
___ As required by the Residential Design Guidelines, the demolition of any
contributing structure in historic districts is forbidden absent a cataclysmic
PAGE 4 OF 4 SUBJECT: 313 University Avenue/PHST-25-026 DATE: December 17, 2025
event or upon determination by the Deciding Body that demolition is
necessary for the proper restoration of the structure.
B. Considerations
Sec. 29.80.290. Standards for review.
In evaluating applications, the deciding body shall consider the architectural style, design,
arrangement, texture, materials and color, and any other pertinent factors. Applications
shall not be granted unless:
___ In historic districts, the proposed work will neither adversely affect the
exterior architectural characteristics or other features of the property which is
the subject of the application, nor adversely affect its relationship, in terms of
harmony and appropriateness, with its surroundings, including neighboring
structures, nor adversely affect the character, or the historical, architectural or
aesthetic interest or value of the district.
CONCLUSION:
The applicant is requesting preliminary feedback from the Committee on a proposal to
demolish an existing contributing single-family residence and construct a new single-family
residence located in the University-Edelen Historic District on property zoned C-2:LHP, located
at 313 University Avenue. An Architecture and Site application is required for the proposed
project. Once received, the formal application would return to the Committee for a formal
recommendation to the deciding body.
ATTACHMENTS:
1. Anne Bloomfield Survey
2. Sanborn Fire Insurance Maps Exhibit
3. Minutes of the February 23, 2011, Historic Preservation Committee Meeting
4. 2011 Pictures of the Residence
5. Stop Work Notice, March 17, 2017
6. Project Proposal and Justification
7. Structural Integrity Report
8. Conceptual Plan
9. Proposed Materials Summary
10. Current Pictures of the Residence
11. Town Code Excerpts
12. Applicant’s Research Findings
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1908
313 University Ave
ATTACHMENT 2
1928
313 University Ave
1928
1956
313 University Ave
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ATTACHMENT 3
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ATTACHMENT 4
ATTACHMENT 5
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Demolition & Rebuild Proposal – 313 University Avenue, Los Gatos Submitted by: Frank & Michelyn Delgado (Property Owners) Date: 10/3/2025
HPC Meeting Target Date: October/November
Request Summary
We are requesting: 1. Demolition Permit for the existing unsafe structure at 313 University Avenue.
2. Planning and Building Permit for a full reconstruction/restoration of the original home,
using archival photos and period-appropriate materials to match the structure as it existed.
Site & Structure Overview
- Address: 313 University Ave., Los Gatos, CA-Historic Status: Contributor to University-Edelen Historic District
- Original Construction Era: c. 1908–1928
- Structure Type: Single-story wood-framed residence (~850 sq ft)
- Historic Style: Vernacular Craftsman or Bungalow
Demolition Justification
As outlined in the attached structural assessment by Structural Engineers, Inc. (Paul Slattery, SE):
- Extensive termite damage, dry rot, and structural decay
- Eroded, unanchored shoring at the basement edge
- No flooring system; structure is suspended above excavation
- Recommendation: Immediate demolition due to life-safety risk
Per Section 4.5 of the Residential Design Guidelines, demolition is permitted when
necessary for restoration.
Proposed Rebuild / Restoration Plan
Design Intent: -Match the original architecture as shown in archival photo
- Retain contributing elements: gable roof, rafter tails, porch, wood siding, original window
types
Likely Historic Materials (c. 1908–1928):
- Wood siding: 1x6 or 1x8 horizontal clapboard or shingles
- Roofing: Wood shakes or composition shingles
- Trim: Painted solid wood corner boards, fascia, and casings
ATTACHMENT 6
- Foundation: Redwood mudsill over brick or early concrete
- Windows: True divided-lite wood sash (6-over-1 or 4-over-1)
Next Steps
1. Demolition Approval
- Based on engineering report
- Section 4.5 restoration pathway 2. Planning Review of Rebuild Concept
- Elevations and site plan sketch 3. HPC Submission – - Structural report, photo, narrative, restoration plan 4. Post-Approval Actions
- Demolish and backfill
- Submit full construction drawings
- Rebuild per historic guidelines
April 29, 2025
City of Los Gatos Building and Planning
110 East Main Street
Los Gatos, CA 95030
Re: Structural Condition Assessment
313 University Avenue
Los Altos, CA 94022
SEI Project No. 5794.00
Attention: Chief Building Official
As requested by the property owner, this letter is provided to report on the structural
integrity of a small single story residential structural (located below) totaling
approximately 850 square feet in area. The roof construction is comprised of straight
plank sheathing and sloped 2x roof framing with collar ties. The walls are constructed
with 2x studs and straight planking with no interior finishes. Currently there is no floor
and the structure is completely detached and shored in place over a partially complete
basement excavation. It is our understanding that the building was built in 1900.
ATTACHMENT 7
Exterior View East Side
Exterior View - South Side
Exterior View – West Side
Inside View - Looking North
Inside View - Looking East
Inside View - Looking South/East
Inside View looking – South/West
Observations
A close up evaluation of the existing framing reveals significant wood decay from both
termite infestation as well as on going dry rot (fungal decay) occurring in much of the
original perimeter stud framing and plank siding.
The slopping roof joists and ridge board are undersized and sagging. Proper ceiling/collar
ties are not present in the construction. As expected, this has resulted in outward bowing
of the exterior walls along the main plate line over time.
The observed shoring has been eroded with no mechanical anchorage.
Conclusions/Recommendations
The building appears to be in significant disrepair with extensive decay, water damage
and framing deficiencies. The current shoring is unstable and in eminent danger of
collapse at the soil interface. We would expect that the cost to properly repair this
structure would likely exceed the cost of replacement. In our opinion, the structure in its
current state, poses an immediate life safety risk should someone enter the interior or
stand too close to the perimeter of the excavation. We recommend that warning signs be
posted immediately and that the structure be completely demolished as soon as is
feasible.
Limitations
Our professional services have been performed using that degree of skill and care
ordinarily exercised, under similar conditions, by reputable engineers in the structural
discipline in this area. No other warranty, expressed or implied, is made as to the
professional content of this report. This report was prepared upon your request for
services and is to be used solely for this project.
If you have any questions regarding this matter, please do not hesitate to contact me.
Sincerely,
Paul E. Slattery S.E.
Principal
STRUCTURAL ENGINEERS, INCORPORATED
313 University Ave Front Elevation Concept SketchATTACHMENT 8
Ground Level
University AveUniversity Ave
Garage
Porch
313 University Ave, Los Gatos – Existing & Proposed Materials Summary
Existing (Current) Materials
Feature Existing Material Notes
Exterior Siding Horizontal wood lap siding
(painted)
Likely original wood
clapboard from early 1900s,
still visible beneath later
paint layers.
Trim / Fascia Painted wood Simple rectangular fascia
and corner boards,
consistent with early
Craftsman detailing.
Roofing Composition shingles (dark
gray)
Modern replacement, likely
asphalt composite. Not
original to structure.
Windows Wood sash, double-hung Painted white, period-
appropriate style typical of
early Los Gatos cottages. Doors Wood panel with divided-
lite glass
Traditional Craftsman
cottage door with glass
upper section.
Foundation Stacked rock footings Original home sat on rock
base with a partial
basement, no continuous
footing or stem wall.
Porch / Steps Wood deck and stairs Simple railings and small
stoop, appropriate scale to house massing. Color Palette Light body with white trim Neutral tones fitting the
surrounding historic
streetscape.
ATTACHMENT 9
Proposed Materials for HPC Rebuild Proposal Feature Proposed Material HPC Justification Siding 5" exposure fiber-cement lap siding (smooth finish, painted) Matches original horizontal wood look while offering fire resistance and durability. Trim / Fascia 1x4 and 1x6 wood or composite trim, painted white Profiles reflect Craftsman-era proportions while maintaining low maintenance. Roofing Architectural composition shingles (Weathered Wood color) Dark tone similar to existing roof with added texture and dimensionality. Windows Wood or aluminum-clad double-hung with divided lites Retains original sash appearance while providing modern energy efficiency. Doors Wood front door with divided-lite glass Reflects historical door pattern and glass proportion. Foundation Reinforced concrete basement with lime-wash or stucco finish Provides seismic safety and waterproofing while evoking original stone appearance. Basement Detail Partial daylight wall or exposed fieldstone veneer accent References original basement condition and adds authenticity. Porch / Steps Composite decking with painted wood railing Preserves original porch scale using modern, durable materials. Color Palette Body: beige/gray-green; Trim: white; Accents: black hardware Reflects early 20th-century color schemes per HPC guidelines.
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313 University Ave. Los Gatos, CAATTACHMENT 10
(a)
(b)
(1)
(2)
(c)
(1)
(2)
(d)
(1)
(2)
(e)
(1)
(2)
Sec. 29.10.09030. - Demolitions.
Scope. Applications for demolition permits (Uniform Building Code, section 301(a), or any
successor section) filed with the Building Department shall be submitted to the Planning Director
for approval unless such permit is required as part of a code enforcement action by the Building
Official, Council, or other authorized agency.
Approval of permits. The Planning Director may approve the demolition permit application if:
It is accompanied by a building permit for a replacement structure which meets all town
regulations and has received all required approvals, or
It is for demolition of an accessory building or structure.
Demolition of historic structures. A demolition permit for a historic structure may only be
approved if:
The structure poses an imminent safety hazard; or
The structure is determined not to have any special historical, architectural or aesthetic
interest or value.
Any request to demolish an historic structure shall be reviewed by the Historic Preservation
Committee. All applications to demolish an historic structure which has been identified as a
contributor to an existing historic district, a potential historic district, or is eligible for local
designation shall be accompanied by a detailed report describing all aspects of the structure's
physical condition and shall incorporate pertinent information from the Town's Historic Resources
Inventory describing the structure's historical and architectural characteristics. This report shall be
prepared by a qualified person knowledgeable in historic preservation under contract with the
Town at the applicant's expense. Applications for all other historic structures proposed for
demolition shall be accompanied by a detailed report describing all aspects of the structure's
physical condition prepared by an architect, licensed design professional or registered civil
engineer at the applicant's expense.
Architecture and site approval required. Issuance of a demolition permit requires architecture
and site approval if:
The conditions of subsection (b)(1) are not met, or
An application is for demolition of an accessory building or structure and the Planning
Director determines for any reason that the accessory building or structure ought not to be
demolished.
Findings. In architecture and site approval proceedings, the deciding body shall consider:
Maintaining the Town's housing stock.
Preservation of historically or architecturally significant buildings or structures.
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(3)
(4)
(f)
(g)
(1)
(2)
a.
b.
(3)
(h)
(1)
(2)
Property owner's desire or capacity to maintain the structure.
Economic utility of the building or structure.
Verification that work will not result in a demolition: Prior to issuance of a building permit and/or
zoning approval for an addition where the work will result in the removal of over forty (40)
percent of the exterior walls, the developer shall submit written verification from a registered
structural engineer, certifying that the exterior walls shown to remain are structurally sound and
will not be required to be removed for the addition. Prior to issuance of a building permit, the
property owner and contractor shall sign an affidavit to the town that they are aware of the
town's definition of a demolition and the penalties associated with an unlawful demolition.
Penalties for unlawful demolition: A property owner who has unlawfully demolished a structure
shall:
File the required Planning and Building Department applications and pay the required fees as
established by resolution for new applications and for work unlawfully completed.
Be subject to the greater of the following penalties set by the Planning Director as an
administration order:
If the structure has a Landmark Historic Preservation designation a fine equaling fifteen
(15) percent of the building permit valuation at the time of demolition, as determined by
the Planning Director; or
If the structure was an historic residence and does not have a Landmark Historic
Preservation overlay zone, the fine shall be equal to ten (10) percent of the building
permit valuation at the time of demolition, as determined by the Planning Director.
If no building permit was issued, the fine shall be assessed on the building permit filed for
the replacement structure.
In all cases, no changes to the previously approved plans may be made except as determined
by the Planning Director to meet current zoning and building code requirements. No building
permits for new construction at this site shall be approved until the required applications
have been filed and approved and the required penalty fee has been paid.
Collection of penalty fees. The Town may collect the assessed penalty fees by use of all legal
means including the recordation of a lien.
Whenever the amount on the penalty fee pursuant to this chapter has not been satisfied in
full within ninety (90) days and/or has not been successfully challenged by a timely writ of
mandate, this obligation may constitute a lien against the real property on which the violation
has occurred.
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(3)
(4)
(5)
(6)
a.
1.
2.
3.
4.
(j)
The lien provided herein shall have no force and effect until recorded with the county recorder. Once
recorded, the administration order shall have the force and effect and priority of a judgement lien
governed by the provisions of sections 697.340 of the Code of Civil Procedure and may be extended as
provided in sections 683.110 to 683.220, inclusive, of the Code of Civil Procedure.
Interest shall accrue on the principal amount of the judgement remaining unsatisfied
pursuant to law.
Prior to recording any such lien, the Planning Director shall prepare and file with the Town
Clerk a report stating the amounts due and owing.
The Town Clerk shall fix a time, date and place for hearing such report and any protests or
objections thereto by Town Council.
The Planning Director shall cause written notice to be served on the property owner not less
than ten (10) days prior to the time set for the hearing.
Demolition for Corrective Maintenance. If during the construction process for an
approved construction the developer has determined that the structure is in a
deteriorated condition, that cannot be repaired, an architecture and site application can
be filed requesting a demolition without a penalty provided the following conditions have
been met:
Construction work has ceased, and
The work completed prior to filing the application does not classify as a demolition,
and
Documentation has been provided to justify the necessity of the demolition, and
No changes to the previously approved plans will be made except as determined by
the Planning Director to meet current zoning and building code requirements.
If a planning filing fee was paid for the original addition, this fee shall be credited to the
architecture and site application fee. If the Development Review Committee determines that
the application cannot be approved, the applicant shall pay the credited fee for the
architecture and site application if the application is appealed to the Planning Commission.
Salvage of building materials. When demolition of a structure is allowed, the Town shall provide
the developer of the structure to be demolished with information about the recycling of building
materials. Prior to the issuance of the demolition permit, the developer shall provide the Planning
Director with written notice of the company that will be recycling the building materials. All wood,
metal, glass, and aluminum materials generated from the demolished structure shall be
deposited to a company which will recycle the materials. Receipts from the company(s) accepting
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these materials, noting the type and weight of materials, shall be submitted to the Town prior to the Town's
demolition inspection. No recycling of materials shall occur until a demolition permit has been approved by
the Building Department.
(Ord. No. 1316, §§ 3.65.010—3.65.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1789, § V, 5-15-89; Ord. No.
1887, § I, 2-3-92; Ord. No. 2083, § I, 5-7-01; Ord. No. 2149, § I, 5-1-06)
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(1)
(2)
(3)
a.
b.
(4)
(5)
(6)
Sec. 29.20.145. - Approval required.
Architecture and site approval is required in all zones for the following:
New construction of any principal building;
An exterior alteration that changes the architectural style of a single-family and two-family
residence.
Any exterior alteration or addition to a building excluding:
Alterations or additions to a single and two family dwelling that do not require approval
by the Planning Commission or Development Review Committee pursuant to the
Residential Design Guidelines or the Hillside Development Standards and Guidelines;
Minor exterior alterations to commercial and multifamily buildings.
Intensification of land use. For the purposes of this section only, intensification of land use
means all changes in use which require more parking and/or results in an increase in peak
hour trips for mixed use, multi tenant commercial, industrial or multifamily development
projects if the trips exceed the traffic generation factor assigned to the project at the time of
approval and/or an increase of five (5) or more peak hour trips;
Residence conversions;
Any development in a floodplain as required by article IX of this chapter;
and as otherwise specified in this article.
(Ord. No. 1316, § 5.20.030, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1493, 3-17-81; Ord. No. 1521, 11-2-81;
Ord. No. 1680, 3-17-86; Ord. No. 1736, 10-19-87; Ord. No. 1763, § III, 10-3-88; Ord. No. 1815, § III, 3-19-90;
Ord. No. 1832, § I, 7-16-90; Ord. No. 2149, § I, 5-1-06)
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(1)
(2)
(3)
(4)
(1)
(2)
(3)
DIVISION 3. - HISTORIC PRESERVATION AND LHP OR LANDMARK AND HISTORIC PRESERVATION OVERLAY ZONE
Sec. 29.80.215. - Purposes.
It is hereby found that structures, sites and areas of special character or special historical, architectural
or aesthetic interest or value have been and continue to be unnecessarily destroyed or impaired, despite
the feasibility of preserving them. It is further found that the public health, safety and welfare require
prevention of needless destruction and impairment, and promotion of the economic utilization and
discouragement of the decay and desuetude of such structures, sites and areas. The purpose of historic
preservation is to promote the health, safety and general welfare of the public through:
The protection, enhancement, perpetuation and use of structures, sites and areas that are
reminders of past eras, events and persons important in local, State, or National history, or
which provide significant examples of architectural styles of the past or are landmarks in the
history of architecture, or which are unique and irreplaceable assets to the Town and its
neighborhoods, or which provide for this and future generations examples of the physical
surroundings in which past generations lived.
The development and maintenance of appropriate settings and environment for such
structures.
The enhancement of property values, the stabilization of neighborhood and areas of the
Town, the increase of economic and financial benefits to the Town and its inhabitants, and
the promotion of tourist trade and interest.
The enrichment of human life in its educational and cultural dimensions by serving aesthetic
as well as material needs and fostering knowledge of the living heritage of the past.
(Ord. No. 1316, § 4.86.010, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.220. - Powers and duties of Planning Commission.
The Planning Commission:
Shall recommend to the Town Council, after public hearing, concerning designation of
landmarks and historic districts, as provided in Section 29.80.245.
May establish and maintain a list of structures and other landmarks deserving official
recognition although not designated as landmarks or historic districts, and take appropriate
measures for recognition.
Shall hear and determine architecture and site approval applications for demolition a
designated landmark sites and principal buildings in historic districts, as provided in sections
29.80.270 through 29.80.290.
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(4)
(5)
(1)
(a)
(b)
May take steps to encourage or bring about preservation of structures or other features
where the Planning Commission has decided to suspend action on a permit application, as
provided in Section 29.80.285.
Shall seek and consider a recommendation from the Historic Preservation Committee when
undertaking the powers and duties set forth in subsections (1) and (3) above, and shall
consult with or request assistance from the Historic Preservation Committee when
undertaking the powers and duties set forth in subsections (2) and (4) above.
(Ord. No. 1316, § 4.86.020, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1831, § I, 7-16-90; Ord. No. 2041, § IV, 2-
2-98; Ord. No. 2355, § V, 4-2-24)
Sec. 29.80.222. - Powers and duties of the Planning Director.
The Planning Director:
Upon recommendation by the Historic Preservation Committee, determines matters
pertaining to historic preservation as provided in Section 29.80.227 that are not assigned to
the Planning Commission.
(Ord. No. 2355, § VI, 4-2-24)
Sec. 29.80.225. - Historic Preservation Committee.
The Historic Preservation Committee acts as an advisory body to the Planning Commission and
Planning Director on all matters pertaining to historic preservation. The Historic Preservation
Committee shall consist of five (5) members, three (3) public members and two (2) Planning
Commissioners. The public members shall be appointed by the Town Council, and the Planning
Commission members shall be appointed by the Planning Commission Chair and affirmed by the
Town Council.
The Committee is composed of professional and lay members with demonstrated interest,
competence, or knowledge in historic preservation. Committee members shall be appointed from
among the disciplines of architecture, history, architectural history, planning, archeology, or other
historic preservation-related disciplines such as urban planning, American studies, American
civilization, cultural geography, or cultural anthropology to the extent that such professionals are
available in the community.
(Ord. No. 1316, § 4.86.040, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-6-84; Ord. No. 1762, § I, 9-19-88;
Ord. No. 1831, § II, 7-16-90; Ord. No. 1856, § I, 6-3-91; Ord. No. 1915, § III, 10-19-92; Ord. No. 2041, § IV, 2-2-
98; Ord. No. 2355, § VII, 4-2-24)
Sec. 29.80.227. - Powers and duties of the Historic Preservation Committee.
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(1)
(2)
(3)
(4)
(5)
(6)
(a)
(1)
(2)
The Historic Preservation Committee shall:
Regularly review and make recommendations to the Planning Commission concerning the
determination of all matters pertaining to historic preservation which comes before the
Planning Commission.
Review and make recommendations to the Planning Director concerning the determination of
a minor residential development permit for properties with a LHP overlay zone or structures
which were built prior to 1941.
Review and make recommendations to the Planning Director concerning minor residential
and commercial exterior alterations not covered under the architecture and site approval
process or the minor residential development permit, for designated properties with a LHP
overlay zone pursuant to subsection 29.20.485.
Upon request of the Planning Director, review pending or proposed building permits dealing
with historic structures when it is questionable that the work proposed meets the guidelines
for pre-1941 structures.
May, on request of the property owner, advise with respect to any proposed work requiring
or not requiring a Town permit on any historic structure, a designated landmark site or in a
designated historic district. Examples of the work referred to are additions, demolitions,
painting and repainting of exterior surfaces, roofing, fencing, landscaping, glazing, and
installation of lighting fixtures. In advising, the Historic Preservation Committee shall be
guided by the purposes and standards specified in this division and other applicable
ordinances and/or development standards. This subsection does not impose regulations or
controls on any property.
Review and make recommendations to the Planning Director on requests for removal of a
pre-1941 property from the Historic Resources Inventory.
(Ord. No. 1915, § IV, 10-19-92; Ord. No. 2041, § IV, 2-2-98; Ord. No. 2169, § I, 10-20-08; Ord. No. 2355, § VIII,
4-2-24)
Sec. 29.80.230. - Designation by ordinance.
The Council may by ordinance designate:
One (1) or more individual structures or other features, or integrated groups of structures
and features on one (1) or more lots or sites, having a special character or special historical,
architectural or aesthetic interest or value, as landmarks, and shall designate a landmark site
for each landmark; and
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(b)
(c)
(1)
(2)
(3)
(4)
(d)
(e)
(1)
(2)
(f)
One (1) or more areas containing a number of structures having special character or special historical,
architectural or aesthetic interest or value, and constituting distinct sections of the Town, as historic
districts.
Each designating ordinance shall include a description of the characteristics of the landmark or
historic district which justify its designation, and a list of any particular features in addition to
those features which would be affected by work described in section 29.80.260 that are to be
preserved, and shall specify the location and boundaries of the landmark site or historic district.
A lot zoned LHP may only be used in the manner provided in the underlying zone, however, the
Town Council, on the basis of the evidence submitted at the hearing, may permit an existing use
not otherwise permitted in the underlying zone to continue providing the Council makes the
following findings:
The use has been legal and continues to operate in a manner that is not detrimental to other
uses in the general vicinity;
There is no history of complaints about the use;
Removal of the use to another location would effectively end the significance of the historical
designation on the property; and
The use has been legally and continuously operating for at least fifty (50) years.
The specific use and the findings to support its continuance shall be incorporated in the
designating ordinance.
If the use permitted by subsection (c) above is discontinued for one hundred eighty (180)
consecutive days, the use shall not be resumed and the use of the property shall conform with
the provisions of the underlying zone. Token use does not toll or interrupt a period of
discontinuance.
The property designated shall be subject to the controls and standards contained in this division.
In addition, the property shall be subject to the following further controls and standards if
imposed by the designating ordinance:
For a publicly owned landmark, review of proposed changes in major interior architectural
features.
For a historic district, such further controls and standards as the Council finds necessary or
desirable, including but not limited to facade, setback and height controls.
The Council may amend or rescind a designation only by ordinance, after Planning Commission
and Council hearings as required for original designations.
(Ord. No. 1316, § 4.86.050, 6-7-76; Ord. No. 1674, 2-18-86; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.235. - Initiation of designation.
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(1)
(2)
Initiation of designation proceedings shall be by resolution of the Council or Planning Commission. The
date of initiation is the date the resolution is adopted.
(Ord. No. 1316, § 4.86.060, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.240. - Procedure.
Except as provided by this division the proceedings for LHP or landmark and historic preservation overlay
zone designation are the same as for any other zoning of land.
(Ord. No. 1316, § 4.86.070, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.245. - Hearing by Planning Commission for proposed historic designation.
Notices required by sections 29.20.560 and 29.20.565, shall be mailed.
Action and time limit. The Planning Commission shall consider the degree of conformity of the
proposed designation with the purposes and standards of this division and the general plan.
The Planning Commission shall determine the matter within one hundred twenty (120) days
after the initiation of designation proceedings.
Notice of action. The Planning Commission shall promptly notify the property owner of action
taken. If the Planning Commission approves or modifies the proposed designation in whole or
in part, it shall transmit the proposal, together with a copy of the resolution of approval, to
the Council.
(Ord. No. 1316, § 4.86.080, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1626, 8-6-84; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.250. - Notice of designation by Council.
When a landmark or historic district has been designated by the Council, the Town Clerk shall promptly
notify the owners of the property included therein.
(Ord. No. 1316, § 4.86.100, 6-7-76; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.255. - Conformity required.
Construction, alteration, demolition or removal work for which a Town permit is required is prohibited on
a designated landmark site or in a designated historic district unless approval by the deciding body has been
granted as provided in sections 29.80.260 through 29.80.300, or unless the work conforms with the
provisions of section 29.80.310.
(Ord. No. 1316, § 4.86.110, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-98)
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(1)
(2)
(3)
Sec. 29.80.260. - Permit required.
No person shall do any work listed below without first obtaining the required planning approval:
Exterior alteration to a designated landmark, property in an historic district or pre-1941
structure consisting of any construction, addition, demolition, restoration or rehabilitation.
Interior alterations that would affect the exterior of a designated landmark, a structure in an
historic district or a pre-1941 structure.
Construction of any type on a landmark site or within a historic district unless excepted by the
designating ordinance, or of a type which does not affect the exterior appearance of the site,
district or any structure on the site or in the district.
(Ord. No. 1316, § 4.86.120, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.265. - Application for permit.
Prior to issuance of a building permit, a Notice to Contractor form must be signed by the contractor and
posted at the job site stating that the property is on the Historic Resources Inventory and no deviations from
the approved plans are allowed without prior review and approval. This information shall be affixed on the
approved building plans.
(Ord. No. 1316, § 4.86.130, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-
98; Ord. No. 2083, § I, 5-7-01)
Sec. 29.80.270. - Reserved.
Editor's note— Ord. No. 1914, § I, adopted Oct. 19, 1992, deleted former § 29.80.270, relative to the
procedure for architecture and site approval, which derived from Ord. No. 1316, § 4.86.140, adopted June 7,
1976 and Ord. No. 1375, adopted Nov. 21, 1977.
Sec. 29.80.275. - Reserved.
Editor's note— Ord. No. 2083, § II, adopted May 7, 2001, repealed former § 29.80.275 of the Code entitled
Notice which derived from Ord. No. 2041, § IV, adopted Feb. 2, 1998.
Sec. 29.80.280. - Decision.
The Planning Commission shall consider any report from the Historic Preservation Committee and shall
ascertain whether the proposed work conforms to this chapter and to the provisions of the designating
ordinance.
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(1)
(2)
(3)
(Ord. No. 1316, § 4.86.160, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-6-84;
Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.285. - Suspended action.
To obtain sufficient time for steps necessary to preserve the structure concerned, the Planning
Commission may suspend action on an architecture and site approval application to permit construction,
alteration, demolition or removal for a period not to exceed one hundred eighty (180) days. The Council
may, by resolution, extend the suspension for an additional period not to exceed one hundred eighty (180)
days, if the resolution is adopted not more than ninety (90) days and not less than thirty (30) days prior to
the expiration of the original one-hundred eighty-day period. During the suspension period, the Planning
Commission may consult with the Historic Preservation Committee, the Los Gatos Heritage Preservation
Society and other civic groups, public agencies and interested citizens, make recommendations for
acquisition of property by public or private bodies or agencies, explore the possibility of moving one (1) or
more structures or other features, and take any other reasonable measures.
(Ord. No. 1316, § 4.86.170, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 1626, 8-6-84)
Sec. 29.80.290. - Standards for review.
In evaluating applications, the deciding body shall consider the architectural style, design, arrangement,
texture, materials and color, and any other pertinent factors. Applications shall not be granted unless:
On landmark sites, the proposed work will neither adversely affect the exterior architectural
characteristics or other features of the landmark (and, where specified in the designating
ordinance for a publicly owned landmark, its major interior architectural features) nor
adversely affect the character of historical, architectural or aesthetic interest or value of the
landmark and its site.
In historic districts, the proposed work will neither adversely affect the exterior architectural
characteristics or other features of the property which is the subject of the application, nor
adversely affect its relationship, in terms of harmony and appropriateness, with its
surroundings, including neighboring structures, nor adversely affect the character, or the
historical, architectural or aesthetic interest or value of the district.
For pre-1941 structures, the proposed work will neither adversely affect the exterior
architectural characteristics or other features of the property which is the subject of the
application.
In any event applications shall not be granted for work which violates standards included in the
designating ordinance or pre-1941 design guidelines.
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(a)
(b)
(Ord. No. 1316, § 4.86.180, 6-7-76; Ord. No. 1375, 11-21-77; Ord. No. 1914, § II, 10-19-92; Ord. No. 2041, § IV,
2-2-98)
Sec. 29.80.295. - Exemptions for reconstruction.
Reconstruction of a designated structure shall be exempt from setback and height requirements if it is
rebuilt as originally constructed, except for modifications approved in the permit.
(Ord. No. 1316, § 4.86.185, 6-7-76; Ord. No. 1546, 8-16-82; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.297. - State Historical Building Code.
The California State Historical Building Code (SHBC) provides alternative building regulations for the
rehabilitation, preservation, restoration or relocation of structures designated as cultural resources. As
required by state law, the SHBC shall be used if the property owner requests its use for historic buildings in
the Town's building permit procedure.
(Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.300. - Showing of hardship in cases of proposed alterations, demolitions or construction.
If the applicant presents facts clearly demonstrating to the satisfaction of the Planning Commission that
failure to approve the application will work immediate and substantial hardship because of conditions
peculiar to the particular structure or other feature involved, the Planning Commission may approve the
application even though it does not meet the standards set forth in either the enabling or designating
ordinance.
(Ord. No. 1316, § 4.86.190, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 1375, 11-21-77; Ord. No. 2041, § IV, 2-2-
98)
Sec. 29.80.305. - Applicability for proposed historic designation.
No application for a permit to construct, alter, demolish or remove any structure or other feature
on a proposed landmark site or in a proposed historic district, filed subsequent to the date of
initiation of proceedings to designate the landmark site or historic district, shall be approved
while the proceedings are pending; provided, however, that if final action on the designation has
not been completed one hundred eighty (180) days after initiation of designation proceedings,
the permit application may be approved.
The regulations of this division do not apply to the construction, alteration, demolition or removal
of any structure or other feature on a landmark site or in a historic district, where a permit for the
performance of such work was validly issued and used before initiation of proceedings for
designation of the landmark site or historic district. For the purpose of this subsection, a permit is
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used if substantial construction work specifically for the purpose for which the permit is issued is lawfully
performed after the permit is issued, and in reliance on the permit. (The term "construction" includes
grading.)
(Ord. No. 1316, § 4.86.200, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.310. - Unsafe or dangerous conditions.
None of the provisions of this division shall prevent any measures of construction, alteration, or
demolition necessary to correct the unsafe or dangerous condition of any structure, other feature, or part
thereof, where such condition has been declared unsafe or dangerous by the Building Official or the Fire
Marshal, and where the proposed measures have been declared necessary, by such official to correct the
condition; provided, however, that only such work as is absolutely necessary to correct the unsafe or
dangerous condition and as is done with due regard for preservation of the appearance of the structure
involved may be performed pursuant to this section. If any structure or other feature is damaged by fire, or
other calamity, or by act of God, to such an extent that in the opinion of the aforesaid officials it cannot be
reasonably repaired and restored, it may be removed in conformity with normal permit procedures and
applicable laws.
(Ord. No. 1316, § 4.86.210, 6-7-76; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.315. - Duty to keep in good repair.
The owner, lessee, and any other person in actual charge or possession of a pre-1941 structure,
designated landmark or structure in the LHP or landmark and historic preservation overlay zone shall keep
all of the exterior portions in good repair as well as all of the interior portions which are subject to control
by the terms of the designating ordinance, and all portions whose maintenance is necessary to prevent
deterioration or decay of any exterior portion.
(Ord. No. 1316, § 4.86.220, 6-7-76; Ord. No. 1328, 8-2-76; Ord. No. 2041, § IV, 2-2-98)
Sec. 29.80.320. - Reserved.
Editor's note— Ord. No. 1981, § I, adopted July 5, 1994, repealed former § 29.80.320, relative to filing fees,
which derived from Ord. No. 1610, § I(4.86.230), adopted March 5, 1984 and Ord. No. 1952, § IV, adopted
Aug. 2, 1993.
Secs. 29.80.330—29.80.400. - Reserved.
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313 University Ave. Los Gatos, CAATTACHMENT 12